Patna High Court
Mahesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of criminal antecedents.
Summary
Mahesh Chaudhary and Priyanka Kumari sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where police alleged recovery of 20 litres of liquor from a location adjacent to their house. The petitioners argued that the liquor was not in their conscious possession, the FIR omitted the informant's name, and the investigation was based on secret information. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioners' criminal antecedents by the trial court. It directed that if a petitioner is found to have more than one prior case, the bail would not be confirmed for that individual; otherwise, the bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor and the lack of an informant's name in the FIR justify denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Bihar Excise Act
- Section 482
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29821 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- Pahelja P.S. District- Saran
======================================================
1. Mahesh Chaudhary S/o- Late Bhagwat Chaudhary Village- Kharika howk
PS-Pahleja District- Saran
2. Priyanka Kumari D/o- Late Kashi Chaudhary Village- Kharika howk PS-
Pahleja District- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
petitioner no. 2 is a woman and allegation is of recovery of 20
litres of liquor from a place near washroom situated in front of
the house of the petitioners.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.29821 of 2026(2) dt.05-05-2026
2/3
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the petitioners
but then is adjacent to their house and they came to be
implicated at the instance of local people, but then the name of
the person, who disclosed the name of the petitioners, is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioners have not been implicated based on
secret information. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five Hundred) each
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Pahleja P.S. Case No. 46 of 2026, subject to
Patna High Court CR. MISC. No.29821 of 2026(2) dt.05-05-2026
3/3
the conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of more than
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner who
had concealed his criminal antecedent before this Court, but after
verification if it is found that petitioners have antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…